Eastern Sandoval Citizens Association

BERNALILLO TOWN COUNCIL MEETING

DISCUSSION OF ORDINANCE TO ANNEX FISHER

SAND AND GRAVEL PROPERTY

On Monday, February 25, 2014, the Mayor and Council of Bernalillo met to discuss an ordinance that would annex the Fisher site into Bernalillo. Under the ordinance, it would provide for the construction of a detention basin to assist in storm water control, zone the site for retail, commercial and light industrial development, and, permit Fisher to mine the site for 15 years, prior to any development. ES-CA board members, along with many other residents of Placitas, attended the meeting and voiced their opposition to the proposal of 15 years of mining. The Bernalillo Mayor and Council voted to table the ordinance, pending revisions that provide performance safeguards for the Town.

For those that attended the meeting, we should all be proud of our service and our actions. Speakers were well informed, polite and forceful. It was our collective actions that brought about the halting of this ordinance. A special thanks goes to Ed Majka, who spent much time organizing presentations, preparing handouts for the Mayor and Council and informing residents of this matter. This is what ES-CA does. And it is only as strong as it’s membership. This issue is not over, and everyone needs to remain vigilant, and involved. In addition this threat to our health and property, there are many other issues facing Placitas. If we are to continue to protect our interests, everyone needs to be involved with your time, or money, or both. ES-CA needs you.

As noted, this issue is not over. Bernalillo believes that it will be beneficial to annex this property, but they are now aware of the mining issues. ES-CA will be working with the Town to revise the ordinance. We do not oppose annexation. We do not oppose the construction of a detention basin. We do oppose unbridled gravel mining on the property. We understand that Fisher needs to grade the site, and that there can be an economic advantage to screening out gravel, but fifteen years is literally a lifetime to some. We also wish to make sure that in the end, the property is properly reclaimed. In fact, Fisher is under a legal obligation currently to Sandoval County to grade and reclaim the site.

ES-CA has proposed that Fisher be limited to 18 months to complete grading, which would include the extraction of material, and, in effect, a limited, regulated mining operation. We ask that the Town require that Fisher post a bond to insure completion. We would also require that Fisher be subject to mandatory penalties for failure to complete the reclamation with 18 months. We have also asked that the Town require that the workday be kept to the hours of 9 am to 4pm, and that Fisher comply with all necessary regulations, including, but not limited to: air pollution, water pollution, noise, traffic, etc.

This site is currently in disarray. While ES-CA does not encourage any mining within the area, we would like to see this site restored. The County has been remiss in enforcing its regulations against Fisher. Our proposal of a bond and penalties would may be a far stronger position to insure that the site is properly reclaimed, than waiting for the County to act.

We welcome your thoughts and comments.

Fisher_Annex_OrdinanceOn Monday February 24th at 6:30PM the Town of Bernalillo will hear Item 7A on the agenda which is the annexation of the currently illegal gravel mine into the Town. Of concern to Placitans is that Fisher asks in the proposed ordinance to be able to mine sand and gravel for 15 years.

4D. As to the entire annexed property, the property owner shall have the right to extract sand, gravel and similar products as a part of the grading process for the property and commercially sell such minerals; provided that this use shall cease and terminate upon the earlier of: (i) completion of final grading for the property; or, (ii; fifteen (15) years after the Effective Date of this Ordinance.

Please come to this hearing and let your voice be heard that you do not want another gravel mine in these proximities. The Town of Bernalillo should also be concerned about the demand on water, spewing dust, noise and truck traffic. The Town Council Chambers are located in Bernalillo at 829 Camino del Pueblo. You can read the entire proposed ordinance by clicking here Fisher_Annex_Ordinance .

ES-CA Forum Article – February, 2014
Fisher Sand & Gravel Update
Ed Majka, Political/Legal Chair, ES-CA

On Thursday, February 13, 2014 representatives of ES-CA, Chris Daul, Ed Majka and Orin Safier met with Steve Gudelj, Placitas developer and business owner, and
Dave Olson, Vice President of Fisher Sand & Gravel. Mr. Olson is a resident of Placitas.

The purpose of the meeting was to discuss current and future use of the property owned by Fisher, which is adjacent to I-25 northbound; south of Rt. 165. This site has been utilized to produce gravel for sale and, as stated by Mr. Olson, has limited production value. An effort to site a temporary asphalt plant was defeated by efforts of our Community and ES-CA, working with the Sandoval County Commission.

The property was listed “For Sale”, but could not find a Buyer. Fisher Vice President, Dave Olson quoted the following (quoting here, with his permission) “Fisher will not locate an asphalt plant at this site now or in the future”. Efforts are underway to donate a portion of the property to ESCAFCA for the purpose of constructing a detention pond to
help in flood control along the west side of I-25 to minimize flood damage along South Hill Road in Bernalillo.

Fisher has been in conversations with ESCAFCA as well as Town of Bernalillo representatives. Those conversations include the possibility of the Town of Bernalillo annexing the property.

Ultimately, Fisher claims they will not operate as a mining operation, and their intent is to develop the site for light industrial, warehousing and other commercial activities.

ES-CA representatives voiced concern of Fisher not being open to public interest and community impact over the last several years. We also discussed the poor reputation of Fisher, and the number of violations at their operations in New Mexico and Arizona.

ES-CA’s position is to continue to monitor activities on the site, and attend Sandoval County and Town of Bernalillo meetings, as well as Planning and Zoning meetings to maintain a “watchful eye” on any development plans and the impact of those plans on Eastern Sandoval residents

In closing the meeting, contact information was exchanged, and ES-CA representatives requested that Fisher keep lines of communication open to build a more favorable and beneficial relationship.

Note: You can help by becoming an ES-CA watchdog, in which you would attend a public meeting and provide information to make ES-CA aware before something occurs that could/would negatively impact our Community. For further information on how you can help ES-CA in these and other efforts, please contact Ed Majka, at majkanm@msn.com or Scott Stevens, j.scott.stevens@gmail.com.

by Stephen Vaughan

Lafarge has recently been telling all who would listen that they no longer intend to honor the various written statements of intent by their predecessor operators to end mining operations in 2015. Indeed, they have explicitly said they are negotiating a new lease, and intend to mine to the perimeter of the leasehold.

As residents of Placitas, we know the traffic, the noise, the dust their operations create.

But isn’t there also economic benefit to Sandoval County from the mining?

In a word, no.

As we all see the trucks clogging the intersection of 25 and 165, can’t we take solace in the gross receipts taxes they are paying into the coffers of the County?

No. The trucks are taking the gravel to Albuquerque for the most part, where the gross receipts taxes are paid. Other than gravel that may be delivered here, the County sees not a dime of GRT.

What about property taxes paid by the owners? As best we can determine, the owner paid approximately $100,000 last year in property taxes on the entire mining site. The comparison to the taxes that would be paid instead as a result of a conforming use, for example homes, is striking. Assuming a hypothetical 500 homes on the 1000-acre site (after gross receipts taxes paid by the developer, the builders, and the contractors), each home would pay, let’s estimate, $5,000 a year in taxes, or $2.5 million.

And then there is the money that would be spent by those 500 families in Sandoval County, with the resulting benefit to local businesses and the County itself.

One must not forget, too, the reduction in property values resulting from the mining operation: Studies have shown gravel pits may reduce surrounding property values ranging from 30% contiguous to the mine, down to 10% two miles away. Property tax assessment appeals have already succeeded on Placitas homes near the mine, based solely on the presence of the mine. We estimate the loss in County property tax revenue will eventually range from $250,000 to $750,000.

And finally there is the water. Last reporting year Lafarge used 94 million gallons of water, during one of the worst droughts in memory. Five hundred homes would use about 35 million gallons of water.

This may be good business for a Paris-based international corporation—but it’s just not paying its way for those of us in Sandoval County.

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Documents relating to Lafarge

[following added by Orin Safier]

Here is a 2013 Satellite view of the Lafarge operation, showing the areas detailed in the 1988 Certificate of Nonconformance: Sep 2013 Satellite View of Nonconforming Areas

Here are some documents that are important regarding the Lafarge mining:

1) 1988-01-11 Certificate of Nonconformance.  This was passed in 1988 by the Extraterritorial Zoning Commission, and places zoning restrictions on the mining property.

2) 2013-06-23 Lafarge Notice of Violation.  After the 1988 Nonconformance conditions were “grandfathered” in 2010, this Notice of Violation was issued by the County to Lafarge in 2013.

3) Lafarge Appeal Pages from 2013-09-06 Suit of County.  After receipt of the Notice of Violation, Lafarge attempted to appeal that notice. These pages contain their reasons why they consider themselves not to be in zoning violation.